OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

May 12, 1989

Mr. Kevin M. Burke
Director of Industrial and Regulatory Affairs
American Bakers Association
Suite 300 1111 14th Street, N.W.
Washington, D.C. 20005

Dear Mr. Burke:

This is in response to your letter dated February 9, and confirms your conversation with Mr. Bode of my staff, concerning oven inspections required by the standard at 29 CFR 1910.263(l)(9)(ii). Please excuse the delay in response.

The Occupational Safety and Health Administration (OSHA) standard at 29 CFR 19l0.263(l)(9)(ii) specifies that annual inspections of bakery ovens shall be conducted by representatives of the oven manufacturers. Since the impact of a literal interpretation could be profound, OSHA feels that such inspections may be accomplished by qualified representatives of any oven manufacturer who are knowledgeable of the various safety considerations and who by training and experience are capable of verifying the safe operational characteristics of the equipment.

Equipment manufactured by still existing manufacturers should be inspected by these manufacturers or their designated representatives however, responsible inspection by a competitive company would be acceptable to OSHA.

If we may be of further assistance, please contact us.

Sincerely,

Patricia K. Clark, Acting Director
Directorate of Compliance Programs




February 9, 1989

Mr. Thomas J. Shepich
Director - Compliance Programs
United States Department of Labor
Occupational Safety and Health Administration
Room N 3471
200 Constitution Avenue, NW
Washington, DC

Dear Mr. Shepich:

I am writing on behalf of the American Bakers Association (ABA), a trade association that represents the nation's wholesale baking industry. ABA is composed of more than 300 baker and allied member firms which produce nearly 80 percent of the nation's baked goods.

The purpose of this letter is to seek clarification on Section 29 CFR 1910.263 (L)(9)(ii).

 

As stated, the regulation is as follows:

 

(ii) All safety devices on ovens shall be inspected at intervals of not less than twice a month by an especially appointed, properly instructed bakery employee, and not less than once a year by representatives of the oven manufacturer.

Many of the ABA's members are in a position where the manufacturer of their ovens are no longer in business. Therefore, it is impossible for these companies to have their ovens inspected by companies which no longer exist.

How and in what manner can our members achieve compliance with 29 CFR 1910.263 (L)(9)(ii) under these conditions?

A clarification from your offices would be most helpful since our members only wish to comply with all OSHA regulations affecting the baking industry.

Thank you in advance for your attention to this matter and I look forward to your response.

Sincerely,

Kevin M. Burke
Director of Industrial and Regulatory Affairs
American Bakers Association